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(영문) 서울동부지방법원 2017.03.31 2017노232
아동복지법위반(아동학대)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year of imprisonment with prison labor for the crimes No. 1, No. 2, 3, and 4 as stated in the judgment below) of the court below is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) is against the depth of the grounds for appeal; and (b) it was committed contingently due to the incombustibility with the wife; and (c) it was committed.

2. The judgment below rendered a sentence as referred to in the above 1.1., comprehensively taking into account the following facts: ① favorable circumstances; ② in the case of crimes Nos. 1 and 2 as indicated in the judgment of the court below, an injury must be considered at the same time as the judgment of the court below became final and conclusive in the case of crimes; ② in unfavorable circumstances; ② in the case of unfavorable circumstances, the Defendant assaulted the victim, who was a child living together, at the age of 5-6, on several occasions without good cause; in particular, on November 20, 2016, the assault committed an indecent act, and thereby, caused the injury to the victim, and thereby, caused the shock and suffering of the victim; ② the victim was punished for a limited period of 30 times, including multiple punishment, and immediately after the judgment became final and conclusive; and, even during the period of suspension of execution, the Defendant committed this case.

In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

Ultimately, the defendant's argument that the above sentencing is unfair is groundless and thus is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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